Section 1569.50 Of Article 5. Suspension And Revocation From California Health And Safety Code >> Division 2. >> Chapter 3.2. >> Article 5.
1569.50
. (a) The department may deny an application for a license
or may suspend or revoke a license issued under this chapter upon any
of the following grounds and in the manner provided in this chapter:
(1) Violation by the licensee of this chapter or of the rules and
regulations adopted under this chapter.
(2) Aiding, abetting, or permitting the violation of this chapter
or of the rules and regulations adopted under this chapter.
(3) Conduct that is inimical to the health, morals, welfare, or
safety of either an individual in or receiving services from the
facility or the people of the State of California.
(4) The conviction of a licensee, or other person mentioned in
Section 1569.17 at any time before or during licensure, of a crime as
defined in Section 1569.17.
(5) Engaging in acts of financial malfeasance concerning the
operation of a facility, including, but not limited to, improper use
or embezzlement of client moneys and property or fraudulent
appropriation for personal gain of facility moneys and property, or
willful or negligent failure to provide services for the care of
clients.
(b) The remedies provided in this section may be applied if the
department finds that any employee, administrator, partner, officer,
director, member, or manager of the applicant or licensee, any person
who controls, as defined in Section 1569.2, the licensee, or any
person who holds a beneficial ownership interest of 10 percent or
more in the applicant or licensee has engaged in the conduct
described in subdivision (a) related to any facility licensed
pursuant to Chapter 1 (commencing with Section 1200), Chapter 2
(commencing with Section 1250), or Chapter 3 (commencing with Section
1500), or a similarly licensed facility in California or any other
state.
(c) The director may temporarily suspend a license, prior to a
hearing when, in the opinion of the director, the action is necessary
to protect residents or clients of the facility from physical or
mental abuse, abandonment, or any other substantial threat to health
or safety. The director shall notify the licensee of the temporary
suspension and the effective date of the temporary suspension and at
the same time shall serve the provider with an accusation. Upon
receipt of a notice of defense to the accusation by the licensee, the
director shall, within 15 days, set the matter for hearing, and the
hearing shall be held as soon as possible but not later than 30 days
after receipt of the notice. The temporary suspension shall remain in
effect until the time the hearing is completed and the director has
made a final determination on the merits. However, the temporary
suspension shall be deemed vacated if the director fails to make a
final determination on the merits within 30 days after the original
hearing has been completed.
(d) A licensee who abandons the facility and the residents in care
resulting in an immediate and substantial threat to the health and
safety of the abandoned residents, in addition to revocation of the
license pursuant to this section, shall be excluded from licensure in
facilities licensed by the department without the right to petition
for reinstatement.